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Swine flu report in New York City
02 Jul 2009
The News Media Guild received a report yesterday that a Business News staffer had been diagnosed with swine flu. The affected employee confirmed the illness.
While AP policy protects the privacy of employees from having illnesses disclosed, nothing prevents an affected employee from making an illness known.
The union promptly informed AP of the report asking how it intended to communicate it to staff and what safety measures would be implemented. The company responded by sending the "Swine Flu - Prevention - General Guidelines" e-mail below to all staffers nationwide.
The Guild asked the company if it was its intention not to notify the New York Business News staff or the New York bureau that there is a case of swine flu. It can be done without disclosing the identity of the diagnosed employee. Guild administrator Kevin Keane said, "Someone in San Francisco has little to worry about because there is no contact with the diagnosed person, but as someone said to me today, someone in Business News or the bureau could be bringing it home."
AP said it felt its earlier communication to staff was helpful and that anyone can be infected in public areas or at work. It added that some cases are mild enough that it is possible that someone will have it without being diagnosed. The company said, "If a communication about a specific case adds value we will prepare one."
The Guild will meet with AP to discuss its "Swine Flu - Prevention - General Guidelines" and other concerns raised by employees. It says "A manager, supervisor or co-worker should not inquire about the nature of a medical condition or disability status of an employee."
The union believes that Section 7 "rights under the National Labor Relations Act would allow employees to investigate such issues for their mutual aid and protection. However, the name of the affected should not be disclosed.
Keane said, "We know AP is still considering this matter. We think addressing the Business News and New York City staff makes sense."
The following prevention measures are from the New York City Department of Health (http://www.nyc.gov/html/doh/downloads/pdf/cd/h1n1_workplace_faq.pdf).
Here are the guidelines posted by AP yesterday:
Dear Colleagues,
This is a reminder that you may be exposed to swine flu in public places, including at work, and I'd like to remind you to take precautions to prevent the flu. If you have significant specific concerns about your health please contact your physician.
We want to respect individuals' privacy and ask that all employees adhere to communication guidelines under the Health Insurance Portability and Accountability Act (HIPAA) which is explained below.
Tips on flu prevention extracted from the Centers for Disease Control and Prevention and World Health Organization websites and HIPAA's personal health information communication guidelines follow:
Swine Flu - Prevention - General Guidelines
* Stay home if you are sick.
* Wash your hands frequently with soap and water for 20 seconds or with a hand sanitizer if soap and water are not available.
* Avoid touching your nose, mouth and eyes.
* Cover your coughs and sneezes with a tissue, or cough and sneeze into your upper sleeve. Dispose of tissues in no-touch trash receptacles.
* Wash your hands or use a hand sanitizer after coughing, sneezing, or blowing your nose.
* Keep frequently touched common surfaces (for example, telephones, computer equipment, etc.) clean.
* Maintain a healthy lifestyle; attention to rest, diet, exercise and relaxation helps maintain physical and emotional health.
Personal Health Information (PHI) communication guidelines
Under the Family and Medical Leave Act of 1993 (FMLA), American with Disabilities Act (ADA), and Health Insurance Portability and Accountability Act (HIPAA) regulations, information or communications regarding an employee's medical condition or disability status are subject to the following guidelines:
* A manager, supervisor or co-worker should not inquire about the nature of a medical condition or disability status of an employee,
* Medical information voluntarily shared by employees with managers, supervisors or co-workers should not be disseminated,
* All communications related to an employee's medical condition or disability status should be related to the job and consistent with business necessity. Information on specific medical diagnosis, treatments, health care provider names, titles and names of treating institutions must be excluded from any such communications,
* All confidential health information received by e-mail or voicemail should not be duplicated or forwarded,
* All written medical information provided by the employee to the local office, manager or supervisor must be labeled CONFIDENTIAL and forwarded to Employee Benefits. Copies of this information should not be kept in the employee's personnel files,
* Medical disability and or any other situations related to health conditions or medical accommodations must be referred to Employee Benefits.
Please do not hesitate to contact Gail Holloman at (212) 621-7930 or gholloman@ap.org, or Hilda Auguste at (212) 621-1797 or hauguste@ap.org in Employee Benefits if you have questions or you require assistance.
Susan Gilkey
Director, Benefits and Health Services
The Associated Press
450 W. 33rd Street
New York, NY 10001
212.621.1727 Facsimile 212.621.5468
sgilkey@ap.org